Montei v. Montei
2016 Ohio 8190
Ohio Ct. App.2016Background
- Parents divorced with shared parenting; later custody/parenting-time modification motions prompted examination of the child’s household members’ mental/physical health.
- Mother subpoenaed medical records from Upper Valley Medical Center for father’s girlfriend’s minor son; records were sent to mother’s counsel and reviewed by the original guardian ad litem (GAL), who referenced them in a report (but did not attach them).
- Father’s counsel moved for a protective order; records were later returned to father’s counsel. The GAL who had referenced the records became a magistrate and a new GAL never reviewed the records.
- Father’s girlfriend (the patient’s mother) later filed a separate civil suit alleging breach of confidentiality arising from the prior disclosure of her son’s medical records.
- Trial court held that filing that separate breach-of-confidentiality action waived the physician–patient privilege in the prior domestic-relations proceeding and ordered an in-camera review; the patient (now adult) appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether filing a separate civil action for alleged breach of confidentiality of medical records waives physician–patient privilege in an earlier, unrelated proceeding where the patient was not a party | Wells: The separate suit effects a waiver and allows disclosure in the earlier domestic case | Montei: Filing a suit to vindicate confidentiality does not waive privilege in the prior unrelated case; waiver (if any) should be limited to the new suit and only to records causally/historically related to that suit | Court reversed: filing a separate breach-of-confidentiality action does not waive privilege in the prior domestic-relations case; any waiver is limited to the specific civil action and only to records relevant to issues in that action. |
Key Cases Cited
- Med. Mut. of Ohio v. Schlotterer, 122 Ohio St.3d 181 (Ohio 2009) (statutory physician–patient testimonial privilege encompasses medical records)
- Hageman v. Southwest Gen. Health Ctr., 119 Ohio St.3d 185 (Ohio 2008) (waiver of medical confidentiality for litigation is limited to the specific case for which records are sought)
- Menda v. Springfield Radiologists, 136 Ohio App.3d 656 (Ohio Ct. App. 2000) (discusses waiver extending to unrelated lawsuits; later courts questioned its continued viability)